2015 Nebraska Revised Statutes
Chapter 84 - STATE OFFICERS
84-907 Rule or regulation; adoption; amendment; repeal; hearing; notice; procedure.

84-907. Rule or regulation; adoption; amendment; repeal; hearing; notice; procedure.

(1) No rule or regulation shall be adopted, amended, or repealed by any agency except after public hearing on the question of adopting, amending, or repealing such rule or regulation. Notice of such hearing shall be given at least thirty days prior thereto to the Secretary of State and by publication in a newspaper having general circulation in the state. All such hearings shall be open to the public.

(2) The public hearing on a rule or regulation that is required to be adopted, amended, or repealed based upon a legislative bill shall be held within twelve months after the effective or operative date of the legislative bill. If there is more than one applicable effective or operative date, the twelve-month period shall be calculated using the latest date. In addition to the requirements of section 84-906.01, draft copies or working copies of all rules and regulations to be adopted, amended, or repealed by any agency shall be available to the public in the office of the Secretary of State at the time of giving notice. The notice shall include: (a) A declaration of availability of such draft or work copies for public examination; (b) a short explanation of the purpose of the proposed rule or regulation or the reason for the amendment or repeal of the rule or regulation; and (c) a description, including an estimated quantification, of the fiscal impact on state agencies, political subdivisions, and persons being regulated or an explanation of where the description of the fiscal impact may be inspected and obtained. No person may challenge the validity of any rule or regulation, the adoption, amendment, or repeal of any rule or regulation, or any determination of the applicability of any rule or regulation on the basis of the explanation or description provided pursuant to subdivisions (b) and (c) of this subsection.

(3) Any agency adopting, amending, or repealing a rule or regulation may make written application to the Governor who may, upon receipt of a written showing of good cause, waive the notice of public hearing. For purposes of this subsection, good cause shall include, but not be limited to, a showing by the agency that:

(a) Compliance with the requirements of this section would result in extreme hardship on the citizens of this state;

(b) An emergency exists which must be remedied immediately; or

(c) A timely filing or publication of notice of a public hearing or the public hearing was prevented by some unforeseeable event beyond the immediate control of the agency and that the parties affected have not and will not suffer material injury as a result of the agency's action.

(4) Whenever public notice is waived, the agency shall, so far as practicable, give notice to the public of the proposed rule or regulation change and of the rule or regulation as finally adopted or changed.

Source

• Laws 1953, c. 359, § 1, p. 1138;
• Laws 1977, LB 462, § 1;
• Laws 1978, LB 585, § 1;
• Laws 1980, LB 846, § 1;
• Laws 1986, LB 992, § 7;
• Laws 1987, LB 253, § 8;
• Laws 1987, LB 487, § 1;
• Laws 1994, LB 446, § 21;
• Laws 2005, LB 373, § 4;
• Laws 2011, LB617, § 2.

Annotations

• This section is in pari materia with section 84-901. City of Scottsbluff v. United Telephone Co. of the West, 171 Neb. 229, 106 N.W.2d 12 (1960).